Section 306. Evidence  


Latest version.
  • 1.  Irrelevant  or  unduly repetitious evidence or
      cross-examination may be  excluded.  Except  as  otherwise  provided  by
      statute,  the  burden  of  proof shall be on the party who initiated the
      proceeding. No decision, determination or order  shall  be  made  except
      upon  consideration  of the record as a whole or such portion thereof as
      may be cited by any party to the proceeding and as supported by  and  in
      accordance  with  substantial evidence. Unless otherwise provided by any
      statute, agencies need not observe the rules  of  evidence  observed  by
      courts,  but  shall  give effect to the rules of privilege recognized by
      law.  Objections to evidentiary offers may be made and shall be noted in
      the record.   Subject to these requirements,  an  agency  may,  for  the
      purpose  of  expediting hearings, and when the interests of parties will
      not be  substantially  prejudiced  thereby,  adopt  procedures  for  the
      submission of all or part of the evidence in written form.
        2.  All evidence, including records and documents in the possession of
      the agency of which it desires to avail itself,  shall  be  offered  and
      made  a  part  of  the  record, and all such documentary evidence may be
      received in the form of copies  or  excerpts,  or  by  incorporation  by
      reference.  In  case  of  incorporation  by  reference, the materials so
      incorporated shall be available for examination by  the  parties  before
      being received in evidence.
        3. A party shall have the right of cross-examination.
        4.  Official notice may be taken of all facts of which judicial notice
      could be taken and of other facts within the  specialized  knowledge  of
      the  agency.    When  official  notice  is  taken of a material fact not
      appearing in the evidence in the record and  of  which  judicial  notice
      could  not be taken, every party shall be given notice thereof and shall
      on timely request be  afforded  an  opportunity  prior  to  decision  to
      dispute the fact or its materiality.